In a compelling legal battle, a parent has filed a lawsuit against a major pharmaceutical company, alleging that their cow's milk-based infant formula caused severe health issues in their premature child. On February 4, 2025, Nidaal Askar lodged the complaint in the United States District Court for the Northern District of Illinois against Abbott Laboratories. The lawsuit claims that the company's products led to the development of Necrotizing Enterocolitis (NEC), a life-threatening intestinal disease, in Askar's premature infant.
The plaintiff, Nidaal Askar, is acting on behalf of their minor child H.A., who was born prematurely at Northwestern Memorial Hospital in Chicago on October 1, 2019. According to the complaint, H.A. developed NEC after being fed Abbott Laboratories' cow's milk-based products. The lawsuit accuses Abbott Laboratories of negligent and wrongful conduct in connection with the design, manufacture, testing, marketing, and sale of these products. It is alleged that these actions directly resulted in H.A.'s injuries. The complaint further argues that despite scientific evidence linking cow's milk-based formulas to higher rates of NEC in preterm infants, Abbott continued to market these products as safe alternatives to human breast milk.
The case delves into various studies and reports highlighting the risks associated with cow's milk-based formulas for premature infants. Research dating back to 1990 indicates significantly higher rates of NEC among formula-fed babies compared to those fed breast milk. Subsequent studies have reinforced these findings and pointed out safer alternatives derived from human milk. Despite this knowledge, Abbott Laboratories allegedly misled consumers by promoting their cow's milk-based products as necessary for growth and equivalent or superior to breast milk.
Askar's lawsuit seeks compensatory damages exceeding $75,000 for past and future emotional distress, pain and suffering, lost income opportunities due to medical treatments necessitated by H.A.'s condition. Additionally, it calls for punitive damages against Abbott Laboratories for failing to warn about the potential dangers of their products adequately. The plaintiff argues that Abbott did not provide sufficient instructions or warnings regarding the risk of NEC when using their formulas with preterm infants.
Representing Nidaal Askar is attorney Brendan A. Smith from Simmons Hanly Conroy LLP based in Alton, Illinois. The case has been assigned Case No. 1:25-cv-1188 and will be heard before judges at the United States District Court for the Northern District of Illinois.